WASHINGTON, D.C. — Today, U.S. Elissa Slotkin (D-MI) joined a bicameral amicus brief challenging the legality of President Trump’s Executive Order and U.S. Postal Service rule seeking to exert control over mail-in ballots ahead of the 2026 midterm elections. This comes as nearly one-third of Americans have voted by mail in recent elections — a voting practice Trump himself used as recently as August 2026, when he voted in Florida’s Republican primary.
“As current and former legislators, amici took an oath to uphold and defend the Constitution of the United States — including its guarantee of the separation of powers,”wrote the lawmakers.“[We] have a particular interest in defending the institutional role of the Legislative Branch under Article I of the Constitution and in vindicating the long-settled principle that the Constitution commits ultimate regulatory authority over federal elections to Congress. The Constitution does not contemplate the Executive Branch acting unilaterally to assert power over federal elections. Yet that is what the Order and Final Rule do.”
In the court filing, the amici curiae argue that Trump’s Executive Order 4399 and USPS’s final rule violate the separation of powers and usurp congressional authorities outlined in Article I of the U.S. Constitution, which gives the States and Congress exclusive authority over election administration.
In addition to Slotkin, the amicus brief was joined by the entire Senate Democratic Caucus.
In July of 2026, Slotkin released a video in response to President Trump’s Truth Social video post of her in a hearing, defending the mail-in voting process as a safe way for Americans to cast their votes. She has also pressed various Trump Administration officials including, Postmaster General David P. Steiner, Secretary of Homeland Security Markwayne Mullin, and various others about any planned attempts to interfere with the upcoming midterm elections.
Click here to read the full brief.
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